Fair dealing between lessor and tenant about renewal of shopping centre lease
112 Fair dealing between lessor and tenant about renewal of shopping centre lease
If the lessor fails to comply with section 108 (Rules of conduct at end of lease term for shopping centre leases) in relation to premises in the retail area of a shopping centre and the tenant is prejudiced by the failure, the tenant may apply to the Magistrates Court.
Under s 52 (Market rent—rent reviews, options and renewals) the lessor or tenant may ask the Magistrates Court to refer a dispute about the rent to be paid under a renewal to mediation.
On application under this section, the Magistrates Court may make any order it considers appropriate.
Without limiting subsection (2), the Magistrates Court may—
order the lessor to renew or extend the lease, or to enter into a new lease with the tenant, on terms approved by the court (but not to the prejudice of the rights of a third-party who has honestly acquired an interest in the premises); or
order the lessor to pay compensation (not more than 6 months rent under the lease) to the tenant.
Division 12.3 Termination generally
This Act’s bill:Explanatory statementSecond reading speech
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